North America

Medicare Secondary Payer Compliance: An Introduction (Part I)

This post is the first in a series from Epstein Becker Green on the growing area of enforcement of the Medicare Secondary Payer Act (MSP). There has been a recent growth in enforcement actions and regulatory interest that may not have yet attracted the attention of many providers and traditional and non-traditional payers. Noncompliance with the MSP can result in monetary penalties and government enforcement action. In particular, the MSP is garnering attention as an enforcement tool under the False Claims Act (FCA).  This series of blogs provides a general overview of the MSP, discusses requirements for compliance for differing entities, describes recent MSP enforcement actions under the False Claims Act (FCA), and sets forth  key takeaways to potentially reduce liability.

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Protecting Trade Secrets When Traveling Abroad with Electronic Devices

Our colleague Daniel R. Levy, at Epstein Becker Green, has a post on the Trade Secrets & Employee Mobility blog that will be of interest to our readers: “It’s a Brave New World: Protecting Trade Secrets When Traveling Abroad with Electronic Devices.

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Living in Splendid Isolation: Ten Lessons Learned Enforcing an Ontario Judgment in Mexico

Introduction

This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico.

More than 25 years ago, the Supreme Court of Canada’s decision in Morguard Investments Ltd. v. De Savoye[1], represented a sea change in the way Canadian courts recognized and enforced foreign judgments.  The “foreign” aspect of Morguard involved British Columbia plaintiffs seeking to enforce an Alberta judgment.  Writing for the court, Justice La Forest rejected the centuries’ old principles regarding recognizing and enforcing foreign judgments which were anchored in the concept of territoriality.  He held that modern states like Canada should no longer live in “splendid isolation” from the rest of the world and should give effect to judgments made in other countries.  In arriving at its conclusion, the court relied heavily upon the concept of comity which had been adopted by the Supreme Court of the United States.  It held that comity would “impel sovereigns to mutual intercourse”. 

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Once again, Normand Laurendeau is in the media

February 15, 2018 — Today’s edition of Montréal daily Le Devoir discusses the application of the provisions of the Highway Safety Code on the protection of cyclists. Normand Laurendeau’s comments are quoted in support of the journalist’s findings.

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SEVENTEEN HOWARD & HOWARD ATTORNEYS NAMED TO ILLINOIS SUPER LAWYERS AND ILLINOIS RISING STARS 2018

Chicago, Illinois, February 14, 2018:  Howard & Howard Attorneys PLLC is pleased to announce that seventeen of our attorneys have been named to Illinois Super Lawyers® and Illinois Rising Stars 2018. Super Lawyers, a Thomson Reuters business, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. Only five percent of the attorneys in Illinois were named to the Super Lawyers list and two and one half percent to Rising Stars.

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Normand Laurendeau quoted in the Journal du Barreau

February 13, 2018 — The latest edition of the Journal du Barreau, the monthly magazine of the Quebec Bar, features on pages 26 and following a paper on the upcoming reform of the Highway Safety Code, announced in December. The text is highlighted with comments by Normand Laurendeau, an expert on transportation law.

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Judge Rules GrubHub Delivery Drivers are Independent Contractors under California Law

Our colleagues , at Epstein Becker Green, have a post on the Wage and Hour Defense Blog that will be of interest to many of our readers in the hospitality industry: “Labor Issues in the Gig Economy: Federal Court Concludes That GrubHub Delivery Drivers are Independent Contractors under California Law.”

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Labor Issues in the Gig Economy: Federal Court Concludes That GrubHub Delivery Drivers are Independent Contractors under California Law Continue Reading…

Recently, a number of proposed class and collective action lawsuits have been filed on behalf of so-called “gig economy” workers, alleging that such workers have been misclassified as independent contractors. How these workers are classified is critical not only for workers seeking wage, injury and discrimination protections only available to employees, but also to employers desiring to avoid legal risks and costs conferred by employee status.  While a number of cases have been tried regarding other types of independent contractor arrangements (e.g., taxi drivers, insurance agents, etc.), few, if any, of these types of cases have made it through a trial on the merits – until now.

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It’s a Brave New World: Protecting Trade Secrets When Traveling Abroad with Electronic Devices

Consider the following scenario: your organization holds an annual meeting with all Research & Development employees for the purpose of having an open discussion between thought leaders and R&D regarding product-development capabilities. This year’s meeting is scheduled outside the United States and next year’s will be within the U.S. with all non-U.S. R&D employees traveling into the U.S. to attend. For each meeting, your employees may be subject to a search of their electronic devices, including any laptop that may contain your company’s trade secrets. Pursuant to a new directive issued in January 2018 by the U.S. Custom and Border Protection (“CBP”), the electronic devices of all individuals, including U.S. citizens and U.S. residents, may be subject to search upon entry into (or leaving) the U.S. by the CBP. CBP Directive No. 3340-049A (Jan. 4, 2018).

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Shutts & Bowen Names Five New Partners

Shutts & Bowen LLP named five new partners during its annual meeting.

“We are proud of the exceptional attorneys who we promoted to partners this year,” said Managing Partner Micky Grindstaff. “This diverse group of individuals has made extraordinary contributions to the firm. We welcome their fresh perspectives and varied backgrounds and look forward to their continued success.”

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